San Jose Estate Law Blog
What should I consider when choosing a healthcare proxy?
A healthcare proxy is someone who makes medical decisions for you. You can set up a proxy who will use his or her power if you are unable to make your own medical decisions. Anytime you give someone else the power to make decisions for you, you have to choose that...
How does California estate tax work?
California is one of the many states that has neither an estate tax nor an inheritance tax. That means that when you die, your estate will not pay state taxes on your assets. Your beneficiaries will not owe state taxes on inherited assets. However, the federal estate...
What is intestate succession in California?
Immediately following the death of a loved one in California, estate concerns may be the last thing on your mind. Rather, you likely remain preoccupied with your feelings regarding your loss. Plus, you should not need to worry about the administration of the estate,...
Why should new parents establish an estate plan?
If you and your spouse or partner have been blessed to welcome a new child into your family this year, now is the time to establish an estate plan. Why? Because as Kiplinger reports, your plan not only provides for the financial security of your child now, but also in...
Should I appoint more than one power of attorney?
Appointing someone to act as your power of attorney may help you to keep control over your finances and medical decisions in the event you suffer mental incapacitation due to an accident or old age. Still, the idea that your power of attorney, also called your agent,...
Why do estate plans fail?
Estate planning is a team effort. One element of this is your advisor — but even the best estate planning attorneys have a limited amount of power. There are other people involved in making a plan work. It depends on your situation, but they could include family...
Drawing up your will also means naming an executor
If you are ready to prepare your will, have you considered who you wish to have as the executor? The person you name will be responsible for administering your estate after your death. This is a highly responsible position that requires careful thought on your part...
What is an advance directive?
Like many people in California, you may have heard or read about an advance directive but you may not fully understand what it is or what it can do for you or for your family. As explained by the American Cancer Society, there are actually many types of documents...
Taking a look at the probate process
If you are setting up an estate plan, there are a lot of factors to consider, from dividing assets among loved ones and identifying the best type of estate plan. Sometimes, people aim to avoid the probate process, while others understand that their loved ones will...
How do you handle your loved one’s debts?
California residents work hard on estate plans. Your loved ones likely tried to take care of as much as possible before passing. This is so you would not have to deal with as much complex litigation. Unfortunately, life is not always predictable. Situations come up in...
